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HAMILTON - State Rep. Wes Retherford, R-Hamilton, appeared in court Wednesday for the first time since OVI arrest in the drive-thru of a Butler County McDonald's.

He waived his right to a preliminary hearing, when a judge would determine whether probable cause existed to require him to appear before the court. So Retherford's case next will go before a grand jury to consider the charges.

Meanwhile, he remains a state representative, ignoring calls from his local party to resign. In Columbus, opinions on his future are mixed. An email obtained by The Enquirer shows the state GOP chairwoman considered calling for his resignation, then changed her mind.

Retherford was arrested March 12, accused of passing out behind the wheel of his truck in the drive-thru. He nearly fell over during a sobriety test, according to the police report. He faces charges of improperly handling a firearm, a felony, and operating a vehicle while under the influence, a misdemeanor.

If convicted of the felony, Retherford would be barred from serving as an elected official.

The lawmaker hasn't spoken publicly since his arrest, only releasing a short statement asking for privacy. He declined to comment Wednesday when leaving the court, walking through a throng of television cameras surrounded by friends and family.

The Butler County GOP chairman has demanded his resignation. State GOP leaders have stopped short, saying the legal process will determine whether the charges against Retherford are true.

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Rep. Wes Retherford isn't showing up for work this week, but Ohio Speaker Cliff Rosenberger says the GOP lawmaker isn't out of a job yet.
Jessie Balmert

For instance, Jane Timken, who chairs the Ohio Republican Party, called for Retherford to resign "if these allegations are true."

On Thursday, a day before she released her statement, a spokesman for the Ohio GOP emailed a draft version to Mike Dittoe, chief of staff for Ohio House Speaker Cliff Rosenberger. The Enquirer obtained the email through a public records request.

"The Ohio Republican Party must be represented by elected officials who have both the confidence of their constituents and the discipline to govern. Unfortunately, Representative Retherford's recent actions have proven that he does not," the draft said. "For this reason, I urge Representative Retherford to consider resigning from office."

The final statement Timken released to reporters Friday kept the first sentence the same, then said: "Unfortunately, the allegations against Representative Retherford have called both into question. If these allegations are true, Representative Retherford should resign from office."

Timken had seen the draft before it went to Dittoe, but decided to change the statement before releasing it to reporters, spokesman Blaine Kelly said. He declined to elaborate on the reasons behind the change.

In the Ohio House, Speaker Rosenberger has advocated for letting Retherford's court proceedings play out while he serves in office.

Retherford has been away from the Statehouse since his arrest. The speaker excused Retherford's absence from last week's Ohio House session, allowing him to receive his full salary for that week – roughly $1,165. "I will be in the district for personal reasons," Retherford said in his letter asking to be excused.

He also requested an excused absence from Wednesday's House session, but Rosenberger declined to grant it. That means his salary will be docked $20 for this week, said House GOP spokesman Brad Miller.

Rosenberger and Retherford have yet to speak about the charges Retherford faces, said Dittoe, the speaker's chief of staff. The caucus is not providing him with legal services, "since this is a personal legal matter," Dittoe said.

In the end, Retherford's future in the House is largely up to him. If Ohio House leaders decide he should resign while his case plays out, but he is unwilling to do so, they could seek to kick him out of office via a House resolution.

That's a step the Legislature has long been reluctant to take. Ohio House leaders declined to use that option in the 2014 case of then-Rep. Peter Beck, R-Mason, and the 2012 case of then-Rep. Clayton Luckie, D-Dayton.

Both served in office and received paychecks after being charged with multiple felony counts, despite calls from House leaders to resign. Beck came to Columbus for months, serving as usual, while Luckie avoided the Statehouse entirely. Luckie eventually pleaded guilty to money laundering and grand theft for misusing campaign money. Beck was convicted of defrauding investors in a start-up company.